According to the provisions of Article 44 of the Social Security Financing Law for 2018 (Law No. 2017-1836), from July 1, 2018, employees who are victims of an occupational disease will receive their compensation on the date of the first medical observation disease, that is, from the onset of the first symptoms of their disease.
Better compensation for the employee
Until now, compensation for occupational disease begins when the doctor establishes a possible link between the pathology and the employee's professional activity, ie on the date of the initial medical certificate.
Consequently, for certain pathologies whose occupational origin is not immediately identifiable (such as cancer, asbestos, etc.), the employee benefits from partial compensation. So this measure aims to better compensate the employee, from the onset of symptoms regardless of the date on which the employee becomes aware of his possibly professional origin.
However, in order to limit the risk weighing on companies, a limit is set: the compensation cannot begin more than two years before the employee's application for recognition of occupational disease from the CPAM.
An additional cost for businesses
This new rule will likely have repercussions on AT / MP pricing of companies in order to compensate for the additional cost of these indemnifications, in particular by increasing the average costs of claims for the following years.
It also raises questions about the management of the regularization of daily allowances and the period of actual work (bonuses, paid leave, etc.) in terms of pay.
